Hyperlawhypertext legal database Cuoco v. Classon Building Co. 151 N.Y.S. 1111

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Cuoco v. Classon Building Co.

151 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1915-01-15 English

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p. 1111
CUOCO et al., Respondents, v. CLASSON BLDG. CO. et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
January 15, 1915.)

Headnote

Action by Luigi Cuoco and another against the Classon Building Company and another.

Judgment modified, by striking therefrom the word “fraudulent,” and, as so modified, affirmed, with costs. The ninth and tenth findings of fact are reversed, and it is found: “Ninth. That in the year 1911 the defendant James O. Danzilo procured plaintiffs to sign a deed under seal purporting to convey the premises aforementioned to the Classon Building Company, which deed was dated July 15, 1911. and recorded in the office of the reg-

ister of the county of Kings in Liber 3317 of Conveyances, page 100, on August 28, 1911, in section 7, block 1896. Tenth. That the defendant Danzilo understood that the deed was in the nature of a mortgage, and procured it to effectuate the payment of interest on the mortgages and taxes; but he did not cause plaintiffs to understand his purpose, and the minds of the parties did not meet in the execution and delivery of the deed.” The first conclusion of law is modified so as to read as follows: “That the deed mentioned in finding ninth is void.” Settle order before Mr. Justice THOMAS. See, also, 149 N. Y. Supp. 1077 .